confidential communication

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Confidential Communication

A form of Privileged Communication passed from one individual to another, intended to be heard only by the individual addressed.

A confidential communication is ordinarily between two people who are affiliated in a confidential relation, such as an attorney and client, Husband and Wife, or Master and Servant.

If this type of communication is made in the presence of a third party, whose presence is not necessary for such communication, it is not considered privileged. In certain cases, the presence of a third party might be required, as where there is a language barrier such that one of the individuals engaged in the confidential communication needs an interpreter.


Attorney-Client Privilege; Marital Communications Privilege; Physician-Patient Privilege.

confidential communication

n. certain written communications which can be kept confidential and need not be disclosed in court as evidence, answered by a witness either in depositions or trial, or provided to the parties to a lawsuit or their attorneys. This is based on the inherent private relationship between the person communicating and the confidante's occupation or relationship to him/her. They include communications between husband and wife, lawyer and client, physician or other medical person (most therapists) and patient, minister or priest and parishioner (or anyone seeking spiritual help), and journalist and source in some states. Moral conflicts may arise when a murderer or child molester confesses to his/her priest, who is pledged to silence and confidentiality by his priestly vows, and cannot reveal the confession in legal cases. (See: privileged communication, attorney-client privilege)

confidential communication

noun acquired facts which cannot be revealed, acquired knowledge which cannot be revealed, compilations which cannot be revealed, concealed documents, knowledge of facts which cannot be revealed, knowledge which cannot be revealed, learning which cannot be revealed, not for pubbication, not to be communicated, not to be disclosed, not to be quoted, not to be spoken about, private, privileged communication, protected communication, restricted, spoken in confidence, told in confidence, top-secret
Associated concepts: spousal immunity
See also: confidence, secret
References in periodicals archive ?
States, (19) recognized that confidential communications between husband
Circuit proposed a balancing test that would have required disclosure when confidential communications were of "substantial" importance to a criminal investigation, and the risk of chilling an attorney-client communication was relatively "insignificant.
The informality and speed of e-mail can often sway the user into being less cautious both in terms of its use for highly confidential communication and the content of the message.
With fax machines in common use, the simple entry of an erroneous telephone number could mean that a confidential communication will be seen by persons who have no right to view it, perhaps even the office of opposing counsel.
There is no such thing as a confidential communication (every body tells at least one person)
5) The privilege applies to corporations as well as to individuals as a defense to compelled disclosure of an asserted confidential communication in a tax controversy.
There is substantial case law supporting the Service's position that payment of legal fees does not represent a confidential communication between lawyer and client in the nature of legal advice, and thus the details of such a transaction are not protected by the attorney-client privilege; see Levanthal, 961 F2d 936 (11th Cir.
A confidential communication is made with the intention that it not be disclosed.
For instance, if a client has a confidential communication with his lawyer, and then discusses the matter with others, he has waived the privilege.

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